Rights of way Flashcards
What is acts rights of way are under
Highways Act 1980
How long must a path be used to be created as a rihgt of way
20 years
How do you claim that footpaths have not changed
section 31(6) under highways act 1980 deposit a declaration under a CA16 form
How wide do footpaths need to be
1 metre for a foot path for crossing a field and 1.5 metres if running along its edge
Bridleway
3 metres
Restricted byway
5 metres
How would you change a right of way
You would submit a definitive map modification orer or a public path diversion order the local planning authority to make the final decision
What Act allows the right to roam
CROW (Countryside and rights of way)
How would you divert public footpath
You would divert the footpath by a public path order by applying a
Section 119 public highways act 1980
What would you use for a definitive map modifcatin order
If the footpath is not registered then DPPO
WHat section is for a public footpath order
Section 119
What section is for extuingishing public footpaths
section 118
What sectionn is the definitive map modification order
Section 54
What do you need ina defiinitve map modification order
Show that the public has a established a right of wat using a defined route
historic documenty eviednce
Detailed guidance on the process for maring or opposing application
What have you got to include in a public path order
Legal Tests- diversion must bbe practivcal, must be interest or the public or landowner, msut be less conveinient for the public, must not impact the public
Public Consulation
Adminstration fee/advertising cost
objection period
